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Abuse of Civil Procedural Rights in the Legal Systems of Russia and USA.

Student: Moliboga Polina

Supervisor: Maria Filatova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

Bachelor's work constitutes as a research of such legal phenomenon as the abuse of civil procedural rights (APR). It is a comparative legal research: legal sources of civil and common law countries have been concerned. The relevance of the APR problem analysis is confirmed by the lack of a unified vision about its essence, legislative and enforcement problems of counteracting APR. In the meantime, the effectiveness of national Justice can only be achieved through the development of such optimal mechanisms. The purpose of this research is to seek ways of the harmonization and improvement Russian civil procedure on the issue of the identifying and the eliminating APR. The objectives of the research are as follows: 1) to create a theoretical concept (including comparative legal analysis): to highlight its features, to systematize examples of APR; 2) to propose some legislative solutions for maintaining the fundamental principles of Justice, protecting of rights and freedoms that have been violated, resolving contradictions and filling legal lacunas of regulation. The investigation consists of the Introduction, 4 chapters, the Conclusion and the Reference list. The first chapter contains general trends of the formation of the APR in Russia and other civil law and common law countries. The second chapter includes legal aspects of APR as an institution of Russian proceeding. The third chapter covers a civil procedural liability for APR in Russia. The last chapter comprises the peculiar properties of APR in USA legal system. The research introduces the defining of APR essence, a structure of APR as a violation, an analysis of civil procedural liability measures.

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